The Petitioners brought an unfair prejudice petition against the First Respondent in respect of their management of the Fourth Respondent (the Company). Following a liability trial, the First Respondents and the Company were ordered to purchase the Petitioners’ shares in the Company at a price to be determined. A quantum trial followed in which the purchase price was determined and an initial sum to be paid on account of the full price within 28 days, with the balance to be paid within 6 months. The wording of the order was left to the parties.
A purchase from the First Petitioner...
By his will the deceased, who died in November 2010, left his estate as to one half to his widow. She, by a deed of variation complying with s142 Inheritance Tax Act 1984 ( ‘IHTA ‘) ,varied the will in order to settle her half share on a discretionary trust of which the beneficiaries were herself, her children and remoter issue. The trust included a power of appointment in favour of the beneficiaries.
In 2012, the widow was in need of additional income. The trustees proposed making an appointment to the widow giving her an irrevocable life interest in the trust f...
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The Deceased was married to James Ball. They had had eleven children, including the three claimants and eight of the nine defendants. In or around 1991, the family split, when the three claimants reported their father to the police for sexually abusing them when they were younger. The Deceased felt that the complaints were exaggerated, and was annoyed that they had been made public. As a result, on 27 May 1992 the Deceased made a will excluding those three claimants from benefit, dividing her estate between her eight remaining children and one of her grandsons. The will was professional ...
Patricia Deeley (Miss Deeley) lived with her unmarried partner, Peter Harding (Mr Harding) in his flat at 87 Beckenham Lane, Bromley (the property) from 1962 to 2008. When Mr Harding died on 11 August 2008, it was believed (incorrectly) that he had not left a will and, therefore, the intestacy rules regulated the succession to his estate. Letters of Administration were granted to one of Mr Harding’s cousins, Maurice John Littlewood (Mr Littlewood) on 2 March 2010. An action brought by Miss Deeley under the Inheritance (Provision for Family and Dependants) Act 1975 (the...
The claimants (the executors of the estate of Mr Jagger) applied for construction or alternatively rectification of the last will of Mr Jagger dated 10 June 2011 (the 2011 will). It was common ground that the 2011 will was valid and revoked an earlier will dated 5 April 2007 (the 2007 will).
Mr Jagger made the 2011 will following the death of two of his sons from his first marriage. It was professionally drafted. Under the 2007 will his second wife received a life interest in the matrimonial home. The 2011 will represented a departure from this intention.
The 2011 will cont...
John Raymond Winson and Mable Winson (Mr & Mrs Winson) made ‘mirror image’ wills with the first defendant, a solicitor employed by the second defendant, on 17 August 2010 by which, in simple terms (and subject to two minor specific legacies by Mrs Winson), they left their estate to each other but, if that gift failed, left pecuniary legacies to the same named individuals and charities with the net residue passing to the claimants in equal shares. In each will there was a survivorship clause in the following terms:
‘My estate is to be divided as if any person ...
The claimant sustained head injuries in a traffic accident in 1984. By 2004, he had been detained under the Mental Health Act 1983 (the 1983 Act), and while in hospital, his responsible medical officer under s34 of the 1983 Act completed a supervision application under s25A in respect of him. This explained that after-care under supervision was necessary for the claimant. It provided for the claimant’s attendance at an outpatient clinic, and cooperation with a care plan, but did not include the details of after-care services.
The ...
The claimants, who were father and son, farmed together in partnership Seamer Grange Farm. They were advised to place this property in trust and that there would be no capital gains tax chargeable on the transfer. The first claimant, who held the legal title, transferred the partnership land to the trustees of a discretionary trust which was created by a trust deed dated 24 June 2011. Unfortunately, the advice which they had been given was incorrect; capital gains tax was exigible on the transfer, amounting to more than £200,000 plus interest and possible penalties. The claimants and def...